Home Cannabis Cultivation and Possession Laws: A State-by-State Guide

Home Cannabis Cultivation Laws: A State-by-State Guide

A common question for new medical cannabis patients and recreational consumers is whether or not home cultivation is permitted where they live. State cannabis laws vary, with some states permitting home grows while others do not. We put together a helpful guide outlining the home cultivation status for states that have legalized some form of cannabis. Check back as we continue to update the guide whenever a state law changes.

Arizona

Possession/Use Limits: A qualifying patient or designated caregiver registered with ADHS may obtain and possess up to 2.5 ounces of marijuana in a 14-day period from a registered non-profit medical marijuana dispensary.

Grow Limits: A medical marijuana patient or the qualifying patient’s designated caregiver may cultivate up to twelve (12) plants if they live more than 25 miles from the nearest medical marijuana dispensary.

Grow Limits: Adults over the age of 21 may cultivate up to six (6) plants per residency.

Medical marijuana patients and their primary caregivers may cultivate up to six (6) living cannabis plants, local ordinances allowing. With the recommendation of a physician, medical marijuana patients may be permitted to grow a greater amount per the patient’s needs.

Colorado

Possession/Use Limits: Colorado residents may purchase and possess up to one (1) ounce of marijuana at a time. Non-Colorado residents are limited to 1/4 ounce.

A patient’s medical use of marijuana is lawful within the following limits:

No more than two (2) ounces of a usable form of marijuana;

No more than six (6) plants, with three (3) or fewer being mature, flowering plants that producing a usable form of marijuana.

Grow Limits: Any adult resident of Colorado may grow up to six (6) plants per person, with no more than three (3) plants in the mature/flowering stage at any time. Non-Colorado residents may not cultivate cannabis.

No more than twelve (12) total plants are allowed per residence regardless of the number of adults living there. Cannabis plants must be kept in an enclosed, locked area out of view. Homegrown cannabis may not be sold to others.

Connecticut

Possession/Use Limits: The combined amount of marijuana possessed by the qualifying patient and the primary caregiver for palliative use does not exceed an amount of usable marijuana reasonably necessary to ensure uninterrupted availability for a period of one (1) month.

District of Columbia

Possession/Use Limits: It is legal for a person who is at least 21 years old to:

Possess two (2) ounces or less of marijuana;

Transfer one (1) ounce or less of marijuana to another person who is at least 21 years old, so long as there is no payment made or any other type of exchange of goods or services;

Possess marijuana-related drug paraphernalia that is associated with one (1) ounce or less of marijuana;

Use marijuana on private property.

The maximum amount of medical marijuana any qualifying patient or caregiver may possess at any time is four (4) ounces or the equivalent of four (4) ounces of dried medical marijuana when sold in any other form.

Grow Limits: It is legal for a person who is at least 21 years old to cultivate within their residence up to six (6) marijuana plants, no more than three (3) of which are mature.

Hawaii

Grow Limits: A registered medical marijuana program participant that indicates their intent to grow on their application may grow an “adequate supply,” or no more than ten (10) plants total and no more than 4 oz. of usable marijuana jointly between a registered patient and caregiver.

Medical cannabis may be grown only at one of the following locations and that location must be identified on your 329 Card:

The residence of the qualifying patient

The residence of the designated caregiver

Another site that is either owned or controlled by the qualifying patient or the designated caregiver

Act 241 eliminates the ability of a caregiver to grow medical marijuana on behalf of a qualifying patient after December 31, 2018 (unless the patient is a minor or adult lacking legal capacity or resides on an island without a dispensary).

Maine

Possession/Use Limits: A qualifying patient or adult over the age of 21 may possess up to 2.5 ounces of prepared marijuana, 2.5 ounces of cannabis concentrate, and 2.5 ounces of cannabis-infused edibles products.

Grow Limits: A maximum of six (6) mature plants, twelve (12) immature plants, and unlimited seedlings per Maine resident may be cultivated for personal use. Anyone who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants are being transported.

Municipalities have the authority to expand the 12-plant-per-household limit up to 18 plants for personal adult use.

Minors, incapacitated adults, homeless qualifying patients, and registered patients in hospice or nursing facilities may not cultivate his or her own marijuana. Only designated primary caregivers or designated dispensaries may cultivate on behalf of a qualifying patient in this case.

Maryland

Possession/Use Limits: Qualified medical patientsmay possess a sufficient 30-day supply of marijuana for medical use which is up to one hundred and twenty (120) grams of usable cannabis (primarily dried flower) or up to thirty-six (36) grams of cannabis-infused products according to the Commission.

Massachusetts

Possession/Use Limits: Adults 21 years of age and older may possess any combination of the following:

Up to one (1) ounce of usable marijuana in a public setting;

Up to ten (10) ounces of usable marijuana in a private (home) setting;

Up to five (5) grams of cannabis concentrate.

Grow Limits: Adults over the age of 21 may cultivate up to six (6) mature plants per person for personal use (with a maximum of 12 regardless of number of adults in the residence), and plants must not be visible to the general public.

A qualifying medical marijuana patient with a hardship cultivation registration may cultivate a limited number of plants sufficient to maintain a 60-day supply solely for that patient’s use. He or she may apply for a hardship cultivation registration if the patient can demonstrate that his or her access to a registered medical dispensary (RMD) is limited by:

Verified financial hardship

Physical incapacity to access reasonable transportation (an inability to use public transportation or drive oneself), lack of personal caregiver with reliable transportation, or lack of RMD that will deliver to the patient’s or personal caregiver’s primary address

Lack of a RMD within a reasonable distance of the patient’s residence and lack of a RMD that will deliver marijuana to the patient’s or personal caregiver’s primary address

A nonrefundable registration fee (unless waived due to financial hardship)

Information supporting a claim that access is limited to one or more of the above circumstances

An explanation including lack of feasible alternatives to mitigate limitations claimed

A description and address of the single location that shall be used for the cultivation of marijuana, which shall either be the registered qualifying patient’s or personal caregiver’s primary residence

A written explanation of how the qualifying patient will cultivate marijuana

A description of the device or system that will be used to ensure security and prevent diversion of the marijuana plants being cultivated

Written acknowledgement of the limitations on his or her authorization to cultivate, possess, and use marijuana for medical purposes

The Department shall review and approve or deny an application for a hardship cultivation license within 30 calendar days of receipt of a completed application.

Michigan

Possession/Use Limits: Any adult over the age of 21 may possess up to 2.5 ounces of usable cannabis, including up to fifteen (15) grams of cannabis concentrate, as well as store up to ten (10) ounces within a private residence in a locked up and secure location.

A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, provided that the qualifying patient possesses an amount of cannabis that does not exceed 2.5 ounces of usable marijuana (with up to sixteen (16) ounces if infused into a solid product or up to 36 fluid ounces) or twelve (12) plants kept in an enclosed, locked facility.

The privilege from arrest under this subsection applies only if the qualifying patient presents both a registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.

Grow Limits: It is legal for a person who is at least 21 years old to cultivate within their residence up to twelve (12) marijuana plants for personal use exclusively within an enclosed, locked facility.

Minnesota

Possession/Use Limits: The regulations for Minnesota’s medical marijuana program currently state that a qualifying patientmay possess a maximum of a 30-day supply of the dosage determined for their individual needs.

Montana

Possession/Grow Limits: A registered cardholder may possess up to one (1) ounce of usable marijuana, four (4) mature plants, and twelve (12) seedlings.

A provider or marijuana-infused product provider may possess four (4) mature plants, twelve (12) seedlings, and one (1) ounce of usable marijuana for each registered cardholder who has named the person as the registered cardholder’s provider.

New Hampshire

Possession/Use Limits: A qualified patient is not permitted to purchase more than two (2) ounces during a 10-day period, and is not permitted to be in possession of more than two (2) ounces of cannabis at any given time. If you have a designated caregiver, you and your designated caregiver combined cannot have more than two (2) ounces of cannabis at any given time.

New Jersey

Possession/Use Limits: A physician shall provide written instructions for a registered qualifying patient or his caregiver to present to an Alternative Treatment Center (ATC) concerning the total amount of usable marijuana that a patient may be dispensed, in weight, in a 30-day period, which amount shall not exceed two (2) ounces. If no amount is noted, the maximum amount that may be dispensed at one time is two (2) ounces.

Grow Limits: The Compassionate Use Medical Marijuana Act does not authorize a qualifying patient or primary caregiver to grow or cultivate marijuana, or to possess a marijuana plant.

New Mexico

Possession/Use Limits:Qualified patients are allowed to possess up to approximately eight (8) ounces (230 grams) of usable cannabis. Primary caregivers may transport up to eight (8) ounces for each patient listed on the caregiver ID card. (If an exception to the eight (8) ounce limit is granted, it is noted on the back of the patient ID card).

Grow Limits: Qualified patients may apply for a license to grow their own supply of medical cannabis. The license must be posted or kept near the growing area. A Personal Production License (PPL) allows patients to grow up to four (4) mature plants and twelve (12) seedlings at any given time.

New York

Possession/Use Limits: The marijuana that may be possessed by a certified patient shall not exceed a thirty-day supply of the dosage as determined by the practitioner, provided that during the last seven (7) days of any thirty-day period, the certified patient may also possess up to such an amount for the next thirty-day period.

North Dakota

Possession/Use Limits: Patients are permitted to possess up to 2.5 ounces of usable cannabis. At any given point the amount of cannabis possessed by both a qualifying patient and caregiver may not exceed three (3) ounces. Qualified patients with specific certification may possess up to 2000mg THC cannabis concentrate.

Grow Limits: If a qualified patients resides 40 miles or more away from an operating dispensary, the patient is permitted to cultivate up to eight (8) plants within an enclosed, locked facility a minimum of 1000 feet from any public school. The qualified patient or designated caregiver must give local law enforcement officials a notice of intent to grow marijuana in an enclosed, locked facility. The notice must include qualified patient name, a copy of the written certification from the physician, and the address of the location where the marijuana will be cultivated.

Oklahoma

Possession/Use Limits: Qualified patients in possession of a state issued medical license are permitted to possess up to three (3) ounces of usable marijuana, up to one (1) ounce of cannabis concentrate, up to seventy-two (72) ounces of edible cannabis, and up to eight (8) ounces within a private residence.

Grow Limits:Qualified patients are permitted to cultivate no more than twelve (12) plants total, with no more than six (6) plants that are mature at any given time.

Oregon

Possession/Use Limits: Adult marijuana consumers 21 years of age and older may possess:

One (1) ounce of usable marijuana in a public place

Up to eight (8) ounces of usable marijuana

Up to sixteen (16) ounces of cannabinoid products in solid form

Up to seventy-two (72) ounces of cannabinoid products in liquid form

Up to five (5) grams of cannabinoid extracts or concentrates, whether sold alone of contained in an inhalant delivery system

A registered Oregon medical marijuana patient may possess up to 24 ounces of usable marijuana.

Grow Limits: Recreational marijuana consumers 21 years of age and older may possess up to four (4) plants per residence. A registered Oregon medical marijuana patient may possess up to six (6) mature plants, which must be grown at a registered grow site address. Caregivers, or OMMP growers, cannot be growing for more than four (4) patients at a time, and cannot grow more than six (6) mature plants per patient.

Rhode Island

Possession/Use and Grow Limits: A patient cardholder who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty for the medical use of marijuana, provided that the patient cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility.

A primary caregiver cardholder, who has in his or her possession, a registry identification card, shall not be subject to arrest, prosecution, or penalty for assisting a patient cardholder, to whom he or she is connected through the department’s registration process, with the medical use of marijuana; provided that the primary caregiver cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana for each patient cardholder to whom he or she is connected through the department’s registration process.

A cardholder shall be allowed to possess a reasonable amount of unusable marijuana, including up to twelve (12) seedlings, that shall not be counted towards the limits of this section.

Vermont

Possession/Use Limits: A registered patient may comply with possession limits and possess up to two (2) ounces of usable marijuana. A designated registered caregiver for the purpose of assisting a registered patient may possess up to two (2) ounces of usable marijuana.

Grow Limits: A registered patient may comply with possession limits and cultivate no more than two (2) mature marijuana plants and seven (7) immature marijuana plants (if the registered patient elects to cultivate marijuana). A designated registered caregiver for the purpose of assisting a registered patient may cultivate up to two (2) mature marijuana plants and seven (7) immature marijuana plants for the registered patient who has named the person to serve as caregiver. The collective possession amounts between the registered caregiver and the registered patient must meet the total possession limit.

Washington

Possession/Use Limits: As part of authorizing a qualifying patient or designated provider, the health care professional may include recommendations on the amount of marijuana that is likely needed by the qualifying patient for his or her medical needs. If the qualifying patient or designated provider with an authorization from a health care professional has NOT been entered into the medical marijuana authorization database, he or she may not receive a recognition card and may only purchase at a retail outlet.

If the health care professional does not include recommendations, when adding the qualifying patient or designated provider to the medical marijuana authorization database, he or she shall enter into the database that the patient may obtain at a retail outlet holding a medical marijuana endorsement a combination of the following:

Adults without a medical marijuana authorization may possess a combination of the following:

Sixteen (16) ounces of marijuana-infused edibles in solid form;

One (1) ounce of usable marijuana;

Seventy-two (72) ounces of marijuana-infused product in liquid form;

Seven (7) grams of marijuana concentrate.

Grow Limits: The qualifying patient may also grow, in his or her domicile, up to six (6) plants for the personal medical use of the qualifying patient and possess up to eight (8) ounces of usable marijuana produced from his or her plants.

If the health care professional determines that the medical needs of the patient exceed those amounts, the health care professional must specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to fifteen (15) plants for the personal medical use of the patient, and may possess up to sixteen (16) ounces of usable marijuana in his or her domicile.

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[45] The State of Delaware Medical Marijuana Code: http://regulations.delaware.gov/AdminCode/title16/Department of Health and Social Services/Division of Public Health/Health Systems Protection (HSP)/4470.shtml#1058727

[46] Facts on D.C. Marijuana Laws: http://mpdc.dc.gov/marijuana

[47] The District of Columbia Municipal Regulations for the Medical Marijuana Program: http://doh.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/140523MMPRegulationsRevised.pdf